Latest Publications

Share:

Another Win for Policyholders as Illinois Reverses Course and Joins the Majority of States Recognizing CGL Policies Cover Property...

On 30 November 2023, Illinois joined the majority of states that recognize that commercial general liability (CGL) insurance covers damage to one part of a construction project caused by construction defects in other parts of...more

New York Unwinds Some Burdensome Insurance Disclosure Obligations Imposed on Defendants by Amending the Comprehensive Insurance...

Policyholders can breathe more easily now that New York has relaxed or eliminated some of the more onerous insurance disclosure obligations of its recently enacted Comprehensive Insurance Disclosure Act (the Act). As...more

The New Jersey Insurance Fair Conduct Act: One Step Closer to Accountability

New Jersey policyholders finally have a statutory cause of action for bad faith for certain claims against their insurance companies thanks to the enactment of the New Jersey Insurance Fair Conduct Act (the Act). The duty of...more

Litigating In New York Is a Whole New Ballgame: Onerous Insurance Disclosure Obligations Have Businesses And Individuals Subject...

Maintaining thorough and complete insurance records is now more important than ever for businesses and individuals subject to New York jurisdiction. Following passage of amendments to New York’s court rules (or C.P.L.R.),...more

Who's to Pay? Trade Contract Rather than Insurance Policy Controls Priority of Insurance Coverage under New York Law

On 5 October 2021, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that, under New York law, the indemnity agreement in a contract between a contractor and subcontractor...more

COVID-19: Congress, Pennsylvania, Michigan, and South Carolina Join Other Jurisdictions Proposing Legislation Addressing Insurers’...

The COVID-19 pandemic has caused devastating financial losses for businesses across the country. Insurers have responded with reflexive denials of coverage. In response, a growing number of jurisdictions are considering...more

COVID-19: Growing Number of U.S. States Propose Legislation Requiring Insurers to Pay for COVID-19-Related Losses Incurred by...

Businesses around the world are currently reeling from the economic impact of the coronavirus (“COVID-19”) pandemic. In an effort to mitigate the financial effects of the virus, a growing number of U.S. states have proposed...more

COVID-19: New Jersey Assembly Introduces Legislation to Provide Small Companies With Business Interruption Coverage for COVID-19...

As COVID-19 continues to disrupt businesses across the globe, including in New Jersey, many companies are looking to their insurance policies for coverage concerning business interruption losses resulting from the disease. ...more

The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is...

The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York...more

New Jersey’s Manifestation Destiny: Appellate Division Applies Continuous Trigger to Claims for Progressive Third-Party Property...

The New Jersey Appellate Division (the “Appellate Division”) recently issued a ruling in Air Master & Cooling Inc., v. Selective Insurance Co. of America (“Air Master”) applying the “continuous trigger” theory to third-party...more

Policyholders Beware: New York Court of Appeals Restricts Additional Insured Coverage Under Common Policy Endorsement to Injuries...

Recently, the New York Court of Appeals, in Burlington Insurance Company v. NYC Transit Authority, held that a common insurance policy endorsement extending coverage to additional insureds for liability for bodily injury...more

Policyholders Win Again: The New Jersey Supreme Court Voids Insurance Policy Anti-Assignment Clauses in Occurrence-Based Insurance...

The New Jersey Supreme Court recently affirmed the Appellate Division’s decision in Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., finding that an anti-assignment clause in an occurrence-based insurance policy does not...more

New Jersey Supreme Court Gives Supreme Win to Policyholders

Yesterday, the Supreme Court of New Jersey unanimously affirmed the Appellate Division’s holding that consequential damages caused by a subcontractor’s faulty workmanship constitute “property damage” and an “occurrence” under...more

Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate

An Ohio appellate court recently addressed the much-debated issue of recoupment of defense costs, holding in a 2–1 decision, and on very narrow grounds, that an insurer could recoup nearly $12 million it expended on the...more

Maryland General Contractor Wins Coverage Under Subcontractor’s Additional Insured Endorsement; Coverage Not Limited to Vicarious...

An opinion favorable to additional insureds came down last week from the Maryland Court of Special Appeals. In John G. Davis Construction Corp. v. Erie Insurance Exchange, No. 802-2014 (Md. Ct. Spec. App. Oct. 28, 2015), the...more

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

Supreme Court of New Jersey Confirms “Fairly Debatable” Standard for First Party Bad Faith; Acknowledges Relevance of Actual...

The Supreme Court of New Jersey just issued an important pair of decisions for policyholders with bad faith claims against their first-party insurance companies in Badiali v. New Jersey Manufacturers Insurance Group and...more

New Jersey Supreme Court Will Review Templo Fuente Decision on Insureds’ Duty to Provide Notice as Soon as Practicable under a...

The Supreme Court of New Jersey will hear an appeal of the Appellate Division’s decision in Templo Fuente De Vida Corp. and Fuente Properties, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., 2014 WL 2533810...more

Alabama Supreme Court Clarifies Position on Construction Coverage Question: Damage to Contractor’s Work Resulting from Faulty...

In an important decision for policyholders in the construction business, the Supreme Court of Alabama recently clarified that Alabama law is in accord with the growing majority of jurisdictions finding coverage for property...more

New York Trial Court Holds that Administrative Orders Do Not Constitute "Final Adjudications"

New York Trial Court Holds that Administrative Orders Do Not Constitute “Final Adjudications” For Purposes of Applying Fraud/Dishonesty Exclusion in Professional Liability Policy - A recent New York trial court...more

Connecticut Supreme Court Determines Damage Caused by Unintended Faulty Work Constitutes Property Damage Resulting from an...

Jurisdictions are split over whether defective construction can give rise to an occurrence under commercial general liability insurance policies. Some jurisdictions have held that faulty workmanship cannot constitute the...more

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide